Disposed

Ankur Chopra and Another v. Addl. Judge Small Causes Court No 19 Lko. and 4 Others

Allahabad HC23 Apr 2024A227/1974/2024

Case brief

AI extract

What is this about?

In an Article 227 petition seeking orders for expeditious disposal of a pending civil suit, the Court held that prior administrative directions to clear old pendency rendered further judicial intervention unnecessary. Liberty was granted to the petitioner to move an urgent application before the trial court.

What did the court decide?

Liberty granted to the petitioner to move an urgent application before the trial court for expeditious disposal of the suit.

Ankur Chopra and Another vs Addl. Judge… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:31623

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1974 of 2024

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Petitioner :- Ankur Chopra And Another Respondent :- Addl. Judge Small Causes Court No 19 Lko. And 4 Others

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Counsel for Petitioner :- Amresh Bahadur Singh,Anand Kumar Singh

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Hon'ble Alok Mathur,J.

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Heard learned counsel for the petitioner.

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In view of the proposed order notice to private respondents is dispensed with.

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By means of the present petition under Article 227 of the Constitution of India a prayer has been made for expeditious disposal of Regular Suit No.1202 of 2020 (Now Civil Suit No. 1621 of 2023) (Abhay Prtap Singh Vs. Ankur Chopra and others) for permanent injunction pending before Additional Judge, Small Causes Court No. 19, Lucknow.

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Learned counsel for the petitioner submits that the petitioners are the defendants in the said suit. It is further stated that grievance of the petitioner would be sufficiently met in case Additional Judge, Small Causes Court No. 19, Lucknow, considers and decides the aforesaid case in the time bound manner.

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In this regard, it is noteworthy, that this Court on administrative side has already issued directions to the Courts below to obtain zero pendency of cases which are more than five years old. In view of directions already issued on administrative side, this Court is not inclined to pass any further order on judicial side. Hence, the prayer is rejected.

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However, liberty is given to the petitioner to move

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appropriate application detailing urgency for expeditiously disposal of the suit before the trial Court. In case, such application is moved within two weeks from today the trial Court shall consider and decide the same expeditiously, say, within three weeks thereafter. In case, the trial Court is prima facie satisfied that a case for urgency is made out it shall pass suitable orders thereon.

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With aforesaid observation and direction the petition stands disposed of .

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(Alok Mathur, J.)

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Order Date :- 23.4.2024 Virendra

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Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Ankur Chopra and Another v. Addl. Judge Small Causes Court No 19 Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Ankur Chopra and Another v. Addl. Judge Small Causes Court No 19 Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

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